HDC proposes the public right to appeal its decisions after surgical mesh petition

Health and Disability Commissioner Morag McDowell. Photo / Dean Purcell

The country’s health watchdog, the Health and Disability Commissioner (HDC), has floated big changes to how it operates, including giving people the right to appeal its decisions.

The move follows a 2020 petition to Parliament by Renate Schutte, who suffered chronic pain after having surgical mesh implanted.

The environmental scientist was unhappy with the limited response of the commissioner to her complaint that a surgeon incorrectly told her the mesh could easily be removed in case of problems.

The commissioner is an independent watchdog, with roles including investigating people’s complaints about the health services they or a loved one received.

These decisions cannot be appealed, but that could change under proposals the commissioner is asking for public feedback on.

Its “key topics” include “considering options for a right of appeal of HDC decisions” and “supporting better and equitable complaint resolution”.

The commissioner also wants feedback on how to ensure the Code of Health and Disability Services Consumers’ Rights and the Health and Disability Commissioner Act work better for Māori, and for disabled people.

It’s also interested in hearing about minor and technical changes that could be made.

The Health and Disability Commissioner is a watchdog for the health sector, which patients can complain to. Photo / Michael Craig

Commissioner Morag McDowell told the Herald the right to an appeal could apply to people making a complaint, and the party or parties being complained about (such as a hospital service or doctor).

In response to Schutte’s petition, Parliament’s health select committee had indicated the right to appeal should be covered in the next HDC review.

“So that is what we are looking at and consulting on - what the options might be for people if they are unhappy with an HDC decision,” said McDowell, who took up the role in 2020 after work including as a coroner and Crown prosecutor for the HDC.

“There are pros and cons to how a right to appeal might work. On the one hand there is a huge advantage to a right to appeal because it’s an access to justice issue. But on the other hand, there is also an interest in the finality of proceedings as well.”

On the issue of making sure the HDC and legislation works for Māori, its kaitohu mātāmua Māori (director of Māori) Ikimoke Tamaki-Takarei said that involved making sure Te Tiriti o Waitangi “is put into action in practical ways”.

“This includes adding protections to make sure te ao Māori, including tikanga, are integral to the Act and Code, and ensuring there are processes for more equitable Māori engagement.”

Feedback can be given from today until July 31, online, by email or post. In person meetings will be held in some regions and upon request. More information is available at review.hdc.org.nz.

HDC recommendations and findings will be sent to the Health Minister, Dr Shane Reti. Any subsequent changes would be up to MPs.

Any changes will have to be balanced with growing pressure on the HDC. The volume of complaints has increased by 40 per cent in the past four years.

“That has impacted on our, particularly our ability to manage complaints in a timely way,” McDowell told the Herald.

“But we obviously assess every single complaint that comes into the organisation, and try to figure out the best pathway that it needs to go on.

“And we need to make clear to the consumers that complain to us, and/or their families, about the time frames that we are working under.”

Nicholas Jones is an investigative reporter at the Herald. He won the best individual investigation and best social issues reporter categories at the 2023 Voyager Media Awards.